16 Amendments of Franck PROUST related to 2012/0060(COD)
Amendment 77 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 82 #
Proposal for a regulation
Recital 18
Recital 18
(18) In view of the fact that the access of third country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member States or their contracting authorities/entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than the ones provided for in this Regulationunder EU law.
Amendment 94 #
Proposal for a regulation
Recital 24
Recital 24
(24) It is imperative that contracting authorities/entities have access to a range of high-quality products meeting their purchasing requirements at a competitive price. Therefore contracting authorities/entities should be able to set aside measures limiting access of non- covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority/entity to safeguard essential public needs for example health and public safety, or application of the measure would lead to a disproportionate increase in the price or costs of the contract.
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the access of third-country goods and services to the award of contracts for the execution of works or a work, the supply of goods and the provision of services by Union contracting authorities/entities, and establishes procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries. Member States or their contracting authorities/entities may restrict the access of third-country goods and services to their tendering procedures only by means of measures provided for under Union law.
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the access of third-country goods and services to the award of contracts for the execution of works or a work, the supply of goods and the provision of services by Union contracting authorities/entities, and establishes procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries. Member States or their contracting authorities/entities may restrict the access of third-country goods and services to their tendering procedures only by means of measures provided for under Union law.
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘non-covered goods or services’ means a good or service originating in a country with which the Union has not concluded an international agreement in the field of public procurement including market access commitments or a goods or service originating in a country with which the Union has concluded such an agreement, but in respect of which the relevant agreement does not apply;, including the specific market access reservations specified by the EU in an international agreement (Agreement on Government procurement or a bilateral agreement). These specific reservations shall be listed in Annex II to this Regulation.
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) ‘lack of substantial reciprocity’ means the existence of restrictive measures in the field of procurement or the award of concessions resulting in serious and recurring discrimination against EU economic operators, goods and services. This lack of substantial reciprocity may result, for example, in: (a) a lack of international commitment by the third country, with regard to procurement and concessions, to ensuring transparency and prohibiting any kind of discrimination against EU economic operators, goods or services; (b) laws or regulations – whether or not concerning public procurement or concessions – adopted by the third country which lead, deliberately or otherwise, to a lack of transparency or to discrimination against EU economic operators, goods or services; (c) the adoption or implementation of discriminatory practices by public authorities or individual contracting entities in the third country aimed at EU economic operators, goods or services.
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) ‘specific market access reservation’ means any exception to or derogation from an international agreement in the field of public procurement, including market access commitments.
Amendment 126 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Upon request of contracting authorities/entities the Commission shall assess, on the basis of the procedure provided for in Article 8, whether to approve, for contracts with an estimated value equal or above EUR 5.000.000 exclusive of value-added tax (VAT) the exclusion from procedures for the award of contracts tenders comprising goods or services originating outside the Union, if the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, under the following conditions.
Amendment 186 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
1. Where an intended exclusion has been approved in accordance with Article 6(3) of this Regulation, the Commission shall initiate an external investigation into alleged restrictive procurement measures. 2. Furthermore, where the Commission considers it to be in the interest of the Union, it may at any time, on its own initiative or upon application of interested parties, a contracting authority/entity or a Member State, may initiate an external procurement investigation into alleged restrictive procurement measures.
Amendment 195 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
In particular, the Commission shall, in that case, take into account whether it has been notified of a number of intended exclusions have been approved pursuant to Article 6(3) of this Regulation. in respect of which it has not adopted an implementing act.
Amendment 230 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Where, after the initiation of a consultation, it appears that the most appropriate means to end a restrictive procurement practice is the conclusion of an international agreement, negotiations shall be carried out in accordance with the provisions of Articles 207 and 218 of the Treaty on the Functioning of the European Union. If a country has engaged in substantive negotiations with the European Union concerning market access in the field of public procurement, the Commission may adopt an implementing act providing that goods and services from that country cannot be excluded from procedures for the award of contracts pursuant to Article 6.
Amendment 245 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where it is found in an investigation pursuant to Article 8, and after following the procedure foreseen in Article 9, that restrictive procurement measures adopted or maintained by that third country leads tothere is a lack of substantial reciprocity in market opening between the Union and the third country as referred to in Article 6,2 the Commission mayshall adopt implementing acts to temporarily limit the access of non- covered goods and services originating in a third country. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).
Amendment 261 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 14 concerning amendments to the Annexes to reflect the conclusion of new international agreements by the Union in the field of public procurement.
Amendment 266 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
By 1 January 2017 and at least every three years after the entry into force of this Regulation, the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation and on progress made in international negotiations regarding access for EU economic operators to public contract award procedures in third countries undertaken under this Regulation. To this effect, Member States shall upon request provide the Commission with appropriate information. On submitting its second report, the Commission shall submit to the European Parliament and the Council a legislative proposal for an amended Regulation or else set out the reasons why in its view no changes are needed.
Amendment 273 #
Proposal for a regulation
Annex 1 a (new)
Annex 1 a (new)
ANNEX II Explicit market access reservations formulated by the EU in the WTO Agreement on Government Procurement